Landlord Registration (Private Housing) (Minimum Standards) … · (3) As part of the occupancy agreement, the relevant landlord must provide the occupier with— (a) a copy of the

Landlord Registration (Private Housing) (Minimum Standards) Regulations 2020 Index

c Consultation Draft Page 1

c LANDLORD REGISTRATION (PRIVATE HOUSING)

(MINIMUM STANDARDS) REGULATIONS 2020

Index Regulation Page

1 Title ................................................................................................................................... 3

2 Commencement .............................................................................................................. 3

3 Interpretation ................................................................................................................... 3

4 Minimum standards: relevant landlord ...................................................................... 5

5 Minimum standards: rented dwellings ....................................................................... 6

SCHEDULE 1 7

RELEVANT LANDLORD: MANAGEMENT AND OPERATIONAL MINIMUM

STANDARDS 7

1 Occupancy agreement .................................................................................................... 7

2 Rent book or record ........................................................................................................ 8

3 Inventory and property condition statement ............................................................. 9

4 Records ........................................................................................................................... 10

5 Discrimination ............................................................................................................... 10

6 General lease or licence standards ............................................................................. 10

7 Additional management and operational standards: flats or a HMO .................. 11

SCHEDULE 2 12

RELEVANT LANDLORD: PROPERTY SAFETY MINIMUM STANDARDS 12

1 Periodic inspections of electrical, gas, oil and solid fuel installations and

appliances ...................................................................................................................... 12

2 Periodic inspections: supplementary ......................................................................... 14

3 General safety standard ............................................................................................... 15

4 Interpretation ................................................................................................................. 16

SCHEDULE 3 18

RENTED DWELLING: PROPERTY CONDITION MINIMUM STANDARDS 18

1 Property condition standard ....................................................................................... 18

2 Repair and maintenance standard ............................................................................. 20

Landlord Registration (Private Housing) (Minimum Standards) Regulations 2020 Regulation 1


Statutory Document No. 20XX/XXXX

c Landlord Registration (Private Housing) Act 2020

LANDLORD REGISTRATION (PRIVATE HOUSING)

(MINIMUM STANDARDS) REGULATIONS 2020

Approved by Tynwald:

Coming into operation in accordance with regulation 2

The Department of Infrastructure makes the following Regulations under section 23(1)

of the Landlord Registration (Private Housing) Act 2020.

1 Title

These Regulations are the Landlord Registration (Private Housing) (Minimum

Standards) Regulations 2020.

2 Commencement

If approved by Tynwald, these Regulations come into operation on the same

date as section 11 of the Landlord Registration (Private Housing) Act 20201.

3 Interpretation

(1) In these Regulations, unless the context otherwise requires—

“the Act” means the Landlord Registration (Private Housing) Act 2020;

“building” includes—

(a) a rented dwelling; and

(b) the structure, exterior and any common parts of the

building of which a rented dwelling forms part;

“Building Regulations” means the Building Regulations 20142, and

includes any Regulations amending or replacing those

Regulations which are in effect from time to time;

“common parts” in relation to a building or part of a building means any

common facilities (whether within the building or part or used in

connection with it) for use by—

1 Tynwald approval is required by section 23(1) of the Act. 2 SD 2014/165, as amended by the Building (Amendment) Regulations 2019 (SD 2019/276).

Regulation 3 Landlord Registration (Private Housing) (Minimum Standards)

Regulations 2020

Page 4 Consultation Draft c

(a) the occupier of a rented dwelling in the building or part

and the occupier’s household; and

(b) other persons;

“emergency repair” means any repair of a fault or defect that poses a

safety risk to the occupier of a rented dwelling or to the public or

that endangers the structure of a building and includes, but is not

limited to, a repair of the following—

(a) a gas leak, or a dangerous gas appliance;

(b) a total loss of electricity or a dangerous electrical fault;

(c) a total loss of water supply or a major leak;

(d) a WC, in circumstances where the rented dwelling has only

one WC and the occupier is unable to use it;

(e) a blocked drain or serious leakage of sewerage; and

(f) the heating source or a heating appliance if it is the primary

source of heating and there is no other form of heating

available in the rented dwelling;

“flat” means, for the purposes of these Regulations, a flat which—

(a) is registered under the Housing (Registration) Regulations

20133 (where such registration is required under section 12

of the Housing (Miscellaneous Provisions) Act 2011); and

(b) is a rented dwelling;

“habitable room” means a room used or intended to be used as living

accommodation, but does not include a room used or intended to

be used exclusively as a kitchen or bathroom;

“house in multiple occupation” or “HMO” means, for the purposes of

these Regulations, a house or a flat which—

(a) is registered under the Housing (Registration) Regulations

2013 (where such registration is required under section 12

of the Housing (Miscellaneous Provisions) Act 2011); and

(b) is a rented dwelling;

“kitchen” means a room or part of a room which contains a sink and

facilities for the preparation of food;

“local authority” means the local authority in whose district the rented

dwelling is located;

“occupier” includes occupiers where there is more than one occupier in

the rented dwelling and “former occupier” and “prospective

occupier” are to be construed accordingly;

3 SD 380/13

Landlord Registration (Private Housing) (Minimum Standards) Regulations 2020 Regulation 4


“occupancy agreement” means a properly executed written agreement

between a relevant landlord and an occupier, which may be either

a lease or licence for the right to occupy a rented dwelling,

comprising of two copies of the agreement, one copy provided to

the occupier and the other retained by the relevant landlord;

“postal packet” means a letter, postcard, newspaper, printed packet,

parcel or insured box and every packet or article transmissible by

post, and includes a telegram;

“preparation of food” means the handling, making and cooking of food

and a reference to preparing food is to be construed accordingly;

“sanitary appliance” means a WC, urinal, bath, shower, washbasin, sink

or bidet;

“sink” means a receptacle used for holding water (for preparation of

food or washing up) supplied through a tap and having a

wastepipe properly connected to the drainage system;

“staircase” includes any landing; and

“WC” means a water closet, or equivalent, which is properly fitted in

accordance with relevant Building Regulations.

(2) A reference to a relevant landlord in the Schedules to these Regulations

may include, where applicable, a landlord’s representative acting on

behalf of a relevant landlord where the Department is satisfied the

representative meets the personal conduct requirements in accordance

with section 11(1)(e) of the Act.

4 Minimum standards: relevant landlord

(1) The minimum standards referred to in section 11(1)(a) (registration

requirements) of the Act with which the relevant landlord must comply

are as follows.

(2) A relevant landlord must comply with all other statutory requirements

that are in effect from time to time that apply to the relevant landlord in

his or her capacity as a landlord;

(3) In respect of a rented dwelling that is not a flat or HMO, the relevant

landlord of that dwelling must comply with the minimum standards

with respect to management and operational matters specified in

paragraphs 1 to 6 of Schedule 1.

(4) In respect of a rented dwelling that is a flat or a HMO, the relevant

landlord of that dwelling must comply with the minimum standards

with respect to management and operational matters specified in

paragraphs 1 to 7 of Schedule 1.

(5) A relevant landlord must comply with the minimum standards with

respect to property safety matters specified in Schedule 2.

Regulation 5 Landlord Registration (Private Housing) (Minimum Standards)

Regulations 2020


5 Minimum standards: rented dwellings

(1) The minimum standards of a rented dwelling referred to in section

11(2)(a) of the Act with which the relevant landlord must ensure the

rented dwelling complies with are as follows.

(2) A rented dwelling must comply with all other statutory requirements

that are in effect from time to time that apply to the rented dwelling.

(3) A rented dwelling must comply with the minimum standards specified

in Schedule 3.

MADE

T S BAKER

Minister for Infrastructure

Landlord Registration (Private Housing) (Minimum Standards) Regulations 2020 SCHEDULE 1


SCHEDULE 1

[Regulation 4]

RELEVANT LANDLORD: MANAGEMENT AND OPERATIONAL MINIMUM

STANDARDS

1 Occupancy agreement

(1) The relevant landlord must provide the occupier of a rented dwelling,

whether under a lease or a licence, with a properly executed occupancy

agreement which contains all of the following particulars and

information—

(a) the address of the rented dwelling;

(b) the name of the occupier;

(c) the name and address of the relevant landlord;

(d) the name and address of the landlord’s representative (if any);

(e) an emergency out of hours telephone contact number for the

landlord or, if applicable, the landlord’s representative;

(f) the lease or licence commencement date;

(g) the duration of the lease or licence and, if applicable, the

termination date;

(h) the form, content and period of notice of termination to be given

by the relevant landlord and the occupier;

(i) the amount of rent payable, the dates on which it is due and the

method of payment, and any review period for changing the

amount of rent;

(j) a statement as to whether the amount of rent specified includes an

amount in respect of the payment of rates and—

(i) where it does, the amount of the rates so included; and

(ii) where it does not, a statement as to whether it is the

relevant landlord or the occupier who is responsible for the

payment of the rates;

(k) a statement showing the amount and purpose of any reasonable

occupancy deposit payable and the conditions under which it will

be repaid, which must include the requirements for the occupancy

deposit to be repaid in full;

(l) the amount and description of any other payment which the

occupier is required to make in addition to the rent and rates (for

example, in respect of heating);

SCHEDULE 1 Landlord Registration (Private Housing) (Minimum Standards)

Regulations 2020


(m) the repairing and maintenance obligations of both the relevant

landlord and the occupier;

(n) any other reasonable conditions or obligations to which the

occupier or landlord must adhere during the term of a lease or

licence, providing those conditions do not contradict any other

statutory provision relating to housing or anti-discrimination.

(2) In sub-paragraph (1), an occupancy agreement is “properly executed” by

the signatures of the relevant landlord, the occupier, and one witness

(and the witness must include their address).

(3) As part of the occupancy agreement, the relevant landlord must provide

the occupier with—

(a) a copy of the most recent records and any certificates regarding

the periodic inspections carried out in accordance with the Table

in paragraph 1(1) of Schedule 2; and

(b) if applicable, copies of the records and certificates following a

periodic inspection which occurs during the term of a lease or a

licence.

(4) Sub-paragraph (3) does not apply with respect to an occupier of a HMO

where the requirements of paragraph 7(b) of this Schedule have been

satisfied.

2 Rent book or record

(1) In a case where the occupancy agreement states the method of payment

of rent is cash or a cheque—

(a) the relevant landlord must provide the occupier with a rent book,

or other similar document, which contains the information

required by section 6(1) (information in rent books) of the

Landlord and Tenant (Miscellaneous Provisions) Act 1976 (“the

1976 Act”); and

(b) the rent book, or other similar document must contain a record of

each receipted payment of rent along with any other separate

charges for which the occupier is liable under the occupancy

agreement (for example rates, heating etc.).

(2) In a case where the occupancy agreement states the method of payment

of rent is direct bank transfer (or other method of electronic payment),

the relevant landlord must provide the occupier with—

(a) a rent book, which contains the information required by section

6(1) of the 1976 Act; or

(b) a separate statement which contains the information required by

section 6(1) of the 1976 Act, as if it were contained in a rent book.



(3) Where sub-paragraph (2)(b) applies the relevant landlord must also

provide the occupier, at reasonable intervals or as reasonably requested

by the occupier, a rent statement which contains a record of each

receipted payment of rent, and of any other charges the occupier is liable

for under the occupancy agreement.

3 Inventory and property condition statement

(1) As part of the occupancy agreement, the relevant landlord must provide

the occupier with an itemised inventory and basic property condition

statement (“inventory and property statement”) which includes—

(a) the state of decoration of the rented dwelling;

(b) the overall condition of the rented dwelling; and

(c) an itemised list of all furniture, furnishings and appliances

provided by the relevant landlord under the lease or licence,

including their condition.

(2) The relevant landlord must provide the occupier with an opportunity to

check and agree the inventory and property statement with the relevant

landlord and, if applicable, the relevant landlord must provide the

occupier with a revised inventory and property statement where there

has been an agreed change to the original inventory and property

statement.

(3) On the expiry of the term of a lease or licence, the relevant landlord must

invite the occupier to attend an inventory and property check (at a

mutually agreed time and date, which should be no longer than 7 days

after the lease or licence expires) with a view to agreeing the inventory

and property statement and to refunding all or part of any occupancy

deposit under sub-paragraph (4).

(4) The relevant landlord must return to the former occupier, no later than

14 days following the expiry of the term of the lease or licence, the—

(a) full occupancy deposit; or

(b) proportion of the occupancy deposit following any deductions

reasonably made in accordance with conditions referred to in

paragraph 1(1)(k) (with any deductions itemised in writing to the

former occupier).

(5) The standard in sub-paragraph (4) does not apply in a case where the

relevant landlord has previously complied with the requirements of an

occupancy deposit protection scheme made under section 53 of the Act

and placed the full occupancy deposit in such a scheme.


Regulations 2020


4 Records

(1) In addition to the records and certificates a landlord must retain under

Schedule 2, the relevant landlord must retain—

(a) records of any property condition surveys of the rented dwelling,

where it is occupied, undertaken by the relevant landlord in the

previous 5 years;

(b) occupancy records for the previous 5 years, for the rented

dwelling showing the names, dates of arrivals and departure and

forwarding address (if provided) of all occupiers and former

occupiers; and

(c) if applicable, a record of any complaints, made within the

previous 5 years, by any occupier or third party in respect of the

rented dwelling (or in respect of a lease or licence for the rented

dwelling) and a record of the outcome of each complaint.

(2) For the purposes of sub-paragraph (1), the period for retention of those

records commences on the same date that section 11 of the Act comes

into operation.

5 Discrimination

The relevant landlord must not treat an occupier (or prospective occupier) of the

rented dwelling less favourably because of the occupier’s (or prospective

occupier’s) entitlement to social security benefits.

6 General lease or licence standards

(1) The relevant landlord must ensure that—

(a) the rented dwelling is not, or will not be, used to accommodate

more people than it is suitable for, or registered for, under the

Housing Act 1955 and the Housing (Miscellaneous Provisions)

Act 2011;

(b) the occupier of the rented dwelling is advised of the possibility

that property condition surveys may be undertaken by the

relevant landlord or, if applicable, the landlord’s representative

named in the occupancy agreement, subject to at least 24 hours’

notice, at a mutually convenient time, except in the case where an

emergency repair is required;

(c) there is adequate insurance, including third party and public

liability insurance, in effect for the rented dwelling; and

(d) if applicable, the relevant landlord has the appropriate

permissions from any mortgage lender and the owner (if any) to

grant a lease or licence in respect of the rented dwelling.

(2) The relevant landlord must not collect—



(a) the rent;

(b) any occupancy deposit; or

(c) any other charge, if applicable, specified in the occupancy

agreement,

before the occupancy agreement is properly made, in accordance with

paragraph 1(2) of this Schedule.

(3) The relevant landlord must have a procedure in place, where necessary,

for seeking possession of the rented dwelling which complies with the

Landlord and Tenant Acts 1954 and the Landlord and Tenant

(Miscellaneous Provisions) Act 1976.

(4) The relevant landlord must ensure that any personal data held in

connection with a lease or licence for the rented dwelling is only shared

with other persons where there is lawful reason for doing so and that the

processing of such personal data complies with data protection

legislation (as revised from time to time).

(5) The relevant landlord must provide the occupier of the rented dwelling

with operating instruction manuals for all gas and electrical appliances at

or connected with the rented dwelling.

7 Additional management and operational standards: flats or a HMO

(1) Where the rented dwelling is a flat or a HMO, the relevant landlord must

in addition comply with the following standards.

(2) Subject to paragraph (3), the relevant landlord must ensure that the

following documents are displayed in a suitable position in the common

parts of the building so as to be readily visible to the occupiers of the

rented dwelling—

(a) a notice containing the current name and address and the

emergency telephone number of the person, or of each person,

who is the owner of the building in which the rented dwelling is

located; and

(b) copies of certificates of registration and current public liability

insurance certificates.

(3) Where the rented dwelling is a HMO, the relevant landlord must also

ensure that copies of records of periodic inspections, carried out in

accordance with the Table in paragraph 1(1) of Schedule 2, and any

copies of certificates in connection with those inspections, are also

displayed in the common parts of the building, and ensure that such

records or certificates are the most recent available.


Regulations 2020


SCHEDULE 2

[Regulation 4]

RELEVANT LANDLORD: PROPERTY SAFETY MINIMUM STANDARDS

1 Periodic inspections of electrical, gas, oil and solid fuel installations

and appliances

(1) Subject to paragraph 2, a relevant landlord must ensure that any type of

work described in an entry in column 1 of the Table which is carried out

in respect of a rented dwelling is carried out by a person in the

corresponding entry in column 2, and inspected in accordance with the

corresponding entry in column 3 of the Table.

Table – rented dwellings: work and periodic inspections

Column 1 Column 2 Column 3

Type of work Person carrying out the

work

Periodic inspection

(a) Installation,

maintenance/repair

and servicing of a

gas appliance or

flue.

A person who is a

member of a class of

persons approved under

regulation 3 of the Gas

Safety (Installation and

Use) Regulations 19944

(as they have effect in the

Island) in respect of that

type of work.

Annual gas safety

check for each gas

appliance and flue.

(b) Installation,

maintenance/repair

and servicing of an

oil-fired combustion

appliance and flue.

A person registered

under the Oil Firing

Registration Scheme by

OFTEC in respect of that

type of work.

Annual service or

safety check for each

oil fired combustion

appliance.

(c) Installation or

maintenance/repair

of oil storage tanks

and the pipes

connecting them to

combustion

A person registered

under the Oil Firing

Registration Scheme by

OFTEC in respect of that

type of work.

Annual safety check

of the oil storage tank

and connecting pipes.

4 SI 1994/1886 which was amended by the Gas Safety (Installation and Use) (Amendment)

Regulations 1996 (SI 1996/550) as applied by the Gas Safety (Application) Order 1996 (SD

326/96).





work

Periodic inspection

appliances.

(d) Installation,

maintenance/repair

and servicing of a

solid or multi fuel

combustion

appliance and flue.

A person registered

under the Registration

Scheme for Companies

and Engineers involved

in the Installation and

Maintenance of Domestic

Solid Fuel Fired

Equipment by HETAS,

or approved by DEFA, in

respect of that type of

work.

Annual certificate of

compliance for each

solid or multi fuel

combustion

appliance.

(e) Sweeping and

cleaning of an open

fireplace flue or

chimney that is

available for use by

the occupier.

A person registered with

HETAS or NACS, or

approved by DEFA, in

respect of that type of

work.

Annual clean of each

chimney or flue

available for use by

the occupier.

(f) Electrical installation

for the supply of

electricity, including

maintenance/repair

and replacement of

electrical fixtures

and fittings.

A scheme member or a

registered electrician.

Subject to paragraph

2(3), an electrical

safety inspection of

the electrical

installation every 5

years.

(g) Portable appliance

testing (PAT) of any

portable appliance

provided by the

relevant landlord.

A scheme member, or

a registered electrician,

or

a person who has

successfully completed a

relevant training course.


2(6), each portable

appliance is re-tested

in accordance with

the frequency in a

PAT record

completed by a

person in column 2,

but at a frequency of

not less than 2 years.

(h) Installation,

replacing and

checking of


2(4), the relevant

landlord.

Annual safety check

of the equipment for

detecting, and giving


Regulations 2020




work

Periodic inspection

equipment for

detecting, and

giving warning of a

fire or suspected fire

in a rented dwelling

which is a house.

warning of a fire or

suspected fire.

(i) Installation,

replacing and

checking of

equipment for

detecting, and

giving warning of

carbon monoxide.


2(4), the relevant

landlord.

Annual safety check

of the equipment for

detecting, and giving

warning of carbon

monoxide.

(2) Any records and certificates obtained in accordance with this Schedule

must be retained by the relevant landlord for a period of 6 years

beginning with the date of the coming into operation of section 11 of the

Act.

2 Periodic inspections: supplementary

(1) Subject to sub-paragraph (2), the relevant landlord must ensure that a

periodic inspection under an entry in column 3 of the Table which is

relevant to an appliance in, or other facility for, the rented dwelling is

carried out either—

(a) before a lease or licence commences; or

(b) during the term of a lease or licence, at intervals no longer than

the period indicated for the relevant type of work in column 3 of

the Table.

(2) A periodic inspection in an entry in column 3 of the Table does not need

to be completed immediately prior to a new lease or licence, or every

time a new lease or licence starts, provided that an inspection has

previously been carried out at the intervals indicated in that entry.

(3) In respect of the entry at (f) in the Table, before the rented dwelling is

occupied under a lease or licence, either an Electrical Installation

Certificate (EIC), or an Electrical Installation Condition Report (EICR)

must have been obtained in the previous 5 years.

(4) In respect of the entries at (h) and (i) in the Table, where the equipment

for the detection and warning of a fire or carbon monoxide is installed as



part of an electrical installation, that equipment is subject to the

requirements in the entry at (f) in the Table.

(5) The minimum standard is that a periodic inspection with respect to each

relevant appliance in, or facility for, a rented dwelling specified in

column 1 of the Table is carried out in accordance with the relevant

corresponding entry in column 3 of the Table, but that does not preclude

more frequent, or more detailed, inspections where appropriate, or as

required by a person in the relevant entry in column 2 of the Table, or in

accordance with applicable current industry guidelines.

(6) A portable appliance that is purchased new does not need to be tested

for a period of 12 months following the date of purchase.

(7) A portable appliance—

(a) that has been purchased, or provided, second-hand;

(b) that is previously untested; or

(c) in respect of which it is not possible to ascertain the date of

purchase for the purpose of sub-paragraph (6), or a previous test

date,

must not be used until it has been tested and passed.

(8) Any appliance, equipment or installation which fails a periodic

inspection under an entry in column 3 of the Table must be either

repaired immediately by a person in the corresponding entry in column

2 of the Table, or replaced.

(9) An inspection under an entry in column 3 of the Table must be recorded

by the relevant landlord and, where applicable, certificates obtained and

retained.

3 General safety standard

(1) The relevant landlord must ensure that reasonable precautions are taken

to protect—

(a) the occupier of the rented dwelling; and

(b) members of the occupier’s household,

from injury as a result of any hazard in the design or structure of the

rented dwelling or the common parts of the building.

(2) In complying with sub-paragraph (1), the relevant landlord must have

regard to—

(a) the design and structural conditions of the rented dwelling and

(where relevant) the common parts of the building in which it is

located; and

(b) the number of the members of the occupier’s household.


Regulations 2020


(3) In particular, the relevant landlord (without limiting sub-paragraph (1))

must ensure—

(a) in relation to any roof or balcony, which is not all in respects safe,

that—

(i) reasonable measures are taken to prevent access to it; or

(ii) it is made safe;

(b) that such safeguards as may be necessary are provided against the

danger of accidents resulting from the presence on staircases of

windows, the sills of which are at or near floor level;

(c) that any half or fully glazed doors are fitted with strengthened

safety glass, or where this is not possible that they are protected

and boarded over to at least a metre high;

(d) that any window, at or near floor level, is fitted with strengthened

safety glass;

(e) that any opening windows are fitted with window locks supplied

with operable keys or alternatively, Jackloc type cable restrictors;

(f) that any broken glass or cracked window pane is replaced before

the rented dwelling is occupied under a lease or licence;

(g) that any electricity meter is provide with safe and easy access,

securely located (inaccessible to children) and where reasonably

practicable in a lockable meter cupboard; and

(h) that the rented dwelling does not contain any polystyrene ceiling

or wall tiles.

(4) The relevant landlord must, upon being notified or otherwise becoming

aware, ensure that any—

(a) emergency repairs are actioned immediately; and

(b) necessary repair requests, which are not an emergency repair, and

which are the responsibility of the relevant landlord under the

occupancy agreement are completed in a reasonable timeframe.

4 Interpretation

In this Schedule—

“DEFA” means the Department of Environment, Food and Agriculture;

“electrical installation” means fixed electrical cables or fixed electrical

equipment located on the consumers side of the electricity supply meter;

“electrical installation certificate” or “EIC” means the certificate, provided by

a scheme member or registered electrician, for a new build property or a

dwelling that has been fully rewired;



“electrical installation condition report” or “EICR” means a report by a

scheme member or registered electrician on the safety of electrical

installations, including a visual inspection of fixtures and fittings, and a

fixed electrical appliance test;

“ECA” means the Electrical Contractors Association;

“HETAS” means the Heating Equipment Testing and Approval Scheme;

“NACS” means the National Association of Chimney Sweeps;

“NAPIT” means the National Association of Professional Inspectors and

Testers;

“NICEIC” means the National Inspection Council for Electrical Installation

Contracting;

“OFTEC” is the trading name for the Oil Firing Technical Association Ltd;

“portable appliance” includes any electrical appliance provided by the relevant

landlord for the use of the occupier of the rented dwelling, including but

not limited to—

(a) electrical white goods, such as refrigerators and washing

machines;

(b) electrical brown goods, such as televisions and DVD players;

(c) electric fires that are not fixed in place;

(d) kitchen appliances, such as kettles and toasters;

(e) hand held electrical equipment, such as hairdryers; and

(f) any other electrical appliance provided by the relevant landlord

that is not permanently connected to the electrical installation,

and does not include any such appliance that belongs to, or is provided

by, the occupier or any other person;

“registered electrician” means a person registered with NAPIT, NICEIC or

ECA, with the minimum of a certificate in 18th Edition of Electrical

Installation Regulations published by the Institution of Engineering and

Technology and the British Standards Institution as BS7671:2018 (as

amended or replaced from time to time);

“scheme member” means, for the purposes of entries (f) and (g) (electrical

inspection) in the Table, a person who is a member of an Electrical

Competent Persons Scheme recognised by DEFA for the purposes of

Part P of the Building Regulations; and

“the Table” means the table set out in paragraph 1(1) (table – rented dwellings:

work and periodic inspections).


Regulations 2020


SCHEDULE 3

[Regulation 5]

RENTED DWELLING: PROPERTY CONDITION MINIMUM STANDARDS

1 Property condition standard

(1) A rented dwelling must comply with each of the minimum standards in

sub-paragraph (2) and where applicable, sub-paragraph (3) at the start

of, and at all times during, the term of a lease or licence.

(2) The rented dwelling must—

(a) be structurally stable, and its exterior (including drains, gutters

and external pipes) is in a reasonable state of decoration, repair

and, where applicable, in proper working order;

(b) be weather tight;

(c) be substantially free from rising or penetrating damp;

(d) be provided with—

(i) sufficient direct natural light and adequate ventilation in

every habitable room;

(ii) sufficient means of artificial lighting in every habitable

room and every room containing a WC, fixed bath or

shower;

(iii) adequate light and ventilation in the kitchen, and every

room containing a WC, fixed bath or shower or wash

basin;

(iv) adequate means of heating, which is controllable and

programmable by the occupier, except in the case of a

HMO where it is programmable by the relevant landlord

sufficient to provide a satisfactory level of comfort to the

occupiers; and

(v) adequate levels of thermal insulation in every habitable

room, kitchen and every room containing a WC, fixed bath

or shower;

(e) have an adequate piped supply of potable water available;

(f) have a sink incorporating an impervious drainage surface, located

within any kitchen, provided with a satisfactory supply of both

hot and cold water and properly connected to the drainage

system;

(g) have adequate facilities for the washing and drying of clothes

available for the exclusive use of the occupier;



(h) have a suitably located WC available for the exclusive use of the

occupier (and in the case of an HMO, an adequate number of

WC’s in relation to the number of occupiers);

(i) have an adequate and suitably located fixed bath or shower and a

wash basin available for the exclusive use of the occupier (and in

the case of an HMO, an adequate number of baths, showers and

wash basins in relation to the number of occupiers), each

provided with a satisfactory supply of both hot and cold water

properly connected to the drainage system;

(j) have an effective system for the drainage and disposal of foul and

surface water;

(k) be provided with readily accessible and reasonably suitable

receptacles for the storage of refuse, and adequate provision made

for the storage of such receptacles and for the disposal of refuse to

the satisfaction of the local authority;

(l) be provided with stop taps on the service pipes to enable gas and

water supplies to be turned off, which are suitably located within

the rented dwelling, with the exception of the water supply to a

sprinkler system for the purpose of fire fighting in a building

containing a flat or a HMO;

(m) have satisfactory facilities for the cooking, preparation and

storage of food;

(n) have installed, in every room which contains a fuel combustion

appliance or installation, satisfactory equipment for detecting, and

for giving warning to the occupier of the rented dwelling, of

carbon monoxide present in a concentration that is hazardous to

health;

(o) have satisfactory access to all external doors and any outbuildings

which form part of the occupancy agreement (and which are

securable by the occupier);

(p) where the rented dwelling or common parts of the building

contains stairs, have stairs that—

(i) have secured carpet or non-slip tread;

(ii) are in good condition and structurally sound;

(iii) are provided with handrails to stairs over four risers high;

and

(iv) have, where applicable, secure banisters with no missing

spindles, with a gap between spindles no greater than

100mm;


Regulations 2020


(q) have adequately secure window locks and secure, lockable (by the

occupier) front and rear (if applicable) access doors that do not

prejudice means of escape in the event of a fire;

(r) have reasonable storage facilities that are securable by the

occupier; and

(s) be in a satisfactory standard of cleanliness and decoration, clear of

refuse of any kind and available for use by the occupier.

(3) In the case of a rented dwelling that is a house, the house must have, on

each of its levels, satisfactory equipment for detecting and for giving

warning to the occupier of fire, or suspected fire.

2 Repair and maintenance standard

At the start of, and at all times during the term of a lease or licence—

(a) the following, in relation to a rented dwelling, must be in, and

maintained in, repair, a clean condition and good order

(including, where appropriate, proper working order)—

(i) any fixtures, fittings and appliances provided by the

relevant landlord under the lease or licence;

(ii) any artificial lighting in the common parts of the building;

(iii) any entrance doors giving access to the common parts of

the building;

(iv) the sanitary appliances, and installations for cooking,

preparing or storing food; and

(v) the receptacles or other installations provided in

connection with the delivery to the occupier or occupier’s

household of postal packets;

(b) any furniture or furnishings provided by the relevant landlord

under the lease or licence for the rented dwelling must be in a

satisfactory standard of cleanliness and capable of being used

safely for the purpose for which they are designed and must be in

a reasonable state of repair;

(c) any outbuilding, yard, forecourt and garden which belongs to, or

enjoyed with, a rented dwelling must be maintained in a clean,

safe and wholesome condition;

(d) any boundary walls, fences and railings (including basement area

railings), in so far as they belong to, or enjoyed with, a rented

dwelling are kept and maintained in good repair; and

(e) any common parts of the building including entrance doors,

porches, steps and staircases must be kept free from obstruction.

Landlord Registration (Private Housing) (Minimum Standards) Regulations 2020 Explanatory Note


EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide the Minimum Standards a relevant landlord and a rented

dwelling must satisfy, for the purposes of section 11 of the Landlord Registration

(Private Housing) Act 2020 (“the Act”), in order that the landlord may be registered

under the Act.

Regulation 1 provides for the title of the Regulations and regulation 2 provides for

their commencement which, subject to Tynwald approval, is the same date as section

11 (registration requirements) of the Act comes into effect. Regulation 3 contains the

interpretation of terms used in the Regulations.

Regulation 4 provides for the minimum standards a relevant landlord must comply

with to satisfy the registration requirements of section 11(1)(a) of the Act. Regulation

4(2) makes it a minimum standard that the relevant landlord must comply with all

statutory requirements that may apply to the landlord, in his or her role as a landlord.

Regulation 4(3) provides for the management and operational minimum standards

contained in Schedule 1 with which a relevant landlord must comply in respect of a

rented dwelling which is not a flat or HMO and regulation 4(4) provides for the

minimum standards contained in Schedule 1 with which a relevant landlord must

comply in respect of a rented dwelling that is a flat or HMO.

Paragraphs 1 to 3 of Schedule 1 provides for the information and particulars which

must be provided to any occupier of a rented dwelling, such as a lease or licence

agreement (an occupancy agreement), rent book and inventory statement.

Paragraph 4 of that Schedule provides for the retention periods of specified records in

connection with the lease or licence. Paragraph 5 makes it a standard that the landlord

does not discriminate against an occupier, or prospective occupier, who is in receipt of

social security benefits and paragraph 6 introduces other general standards in relation

to a lease or licence.

Paragraph 7 of Schedule 1 is specific to a relevant landlord of a rented dwelling that is

a flat or HMO and provides that the relevant landlord must ensure that documents

specified in that paragraph are displayed in the common parts of the building so as to

be visible to an occupier of the rented dwelling.

Regulation 4(5) introduces Schedule 2 which provides for safety minimum standards

in respect of electrical, gas, oil and solid fuel installations and appliances, and other

safety aspects in connection with a rented dwelling.

Paragraph 1(1) of Schedule 2 introduces a Table to specify the type of work for

installations and appliances in connection with a rented dwelling, the person who may

undertake those works and the frequency in which those works must be inspected.

Explanatory Note Landlord Registration (Private Housing) (Minimum Standards)

Regulations 2020


Paragraph 2 of that Schedule provides information to supplement and clarify parts of

the requirements in the Table in paragraph 1(1).

Paragraph 3 of that Schedule provides for some general safety standards in respect of a

rented dwelling and paragraph 4 of that Schedule provides for definitions of terms

used in the Schedule.

Regulation 5 provides for the minimum standards a rented dwelling must satisfy for

the purposes of the registration requirement of section 11(2)(a) of the Act to be

registered as a rented dwelling. Regulation 5(2) makes it a minimum standard that the

rented dwelling must comply with all statutory requirements that may apply to the

rented dwelling in addition to these Regulations, for example building control and

planning requirements. Regulation 5(3) introduces Schedule 3 which specifies the

property condition minimum standards a dwelling must comply with to be registered

as a rented dwelling.

Paragraph 2 of that Schedule provides for the standard of repair and maintenance

standard a rented dwelling must comply with during the term of a lease or licence.

Documents

Landlord Registration (Private Housing) (Minimum Standards) … · (3) As part of the occupancy agreement, the relevant landlord must provide the occupier with— (a) a copy of the